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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
SEPTEMBER 12, 1989
A regular meeting of the Santa Monica City Council was called to
order by Mayor Zane at 7:34 p.m., on Tuesday September 12, 1989,
in the Council Chambers.
Roll Call: Present: Mayor Dennis Zane
Counci1member Judy Abdo
(arrived at 7:40 p.m.)
Councilmember Ken Genser
Councilmember William H. Jennings
Counci1member Herbert Katz
(arrived at 8:55 p.m.)
Councilmember Christine E. Reed
Absent: Mayor Pro Tempore David B. Finkel
Also Present: City Manager John Jalili
City Attorney Robert M. Myers
city Clerk Clarice E. Johnsen
CLOSED SESSION: Not held.
Councilmember Jennings led the assemblage in the Pledge of
Allegiance to the Flag of the United States of America.
4-A: RECOGNITION OF PAST SERVICE/BOARD AND COMMISSION MEMBERS:
Mayor Zane presented plaques to the following Board and
commission Members in recognition of their past service to the
City: Suzanne Shellaby, Landmarks Commission; Laverne Ross
Commission on the Status of Women; Barbara Coffman, Building and
Safety Commission; and Joyce Budzeleski, Housing Commission. The
following former board and commission members were unable to
attend the meeting to receive their plaques: Frederick Harris,
Recreation and Parks Commission; Robert Brackett, Electrical
Board of Appeals; Miriam Conner, Housing commission; Phyllis
Gould-Nitti, Commission on the Status of Women; Nancy Greenstein,
Convention and Visitors Bureau; and Eileen Hecht, Planning
Commission.
At 7:40 p.m., Mayor/Chairperson Zane convened a special joint
meeting of the Santa Monica City Council, Redevelopment Agency,
Housing Authority, and Parking Authority.
Redevelopment Agency
Roll Call: Present:
Chairperson Dennis Zane
Agency Member Judy Abdo
Agency Member Ken Genser
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september 12, 1989
3U3
Agency Member William H. Jennings
Agency Member Christine E. Reed
Absent: Chairperson Pro Tempore David B. Finkel
Agency Member Herbert Katz
Also Present: Executive Director John Jalili
Agency Attorney Robert M. Myers
Agency Secretary Clarice E. Johnsen
Housing Authority
Roll Call: Present: Chairperson Dennis Zane
Commissioner Judy Abdo
Commissioner Ken Genser
Commissioner William H. Jennings
Commissioner Christine E. Reed
Absent: Vice chairperson David B. Finkel
commissioner Herbert Katz
Also Present: Executive Secretary John Jalili
Authority Attorney Robert M. Myers
Authority Clerk Clarice E. Johnsen
Parking Authority
Roll Call: Present: Chairperson Dennis Zane
Authority Member Judy Abdo
Authority Member Ken Genser
Authority Member William H. Jennings
Authority Member Christine E. Reed
Absent: Chairperson Pro Tempore David B. Finkel
Authority Member Herbert Katz
Also Present: Executive Secretary John Jalili
Authority Attorney Robert M. Myers
Authority Clerk Clarice E. Johnsen
RA-l: REDEVELOPMENT AGENCY MINUTES: Presented for approval were
the Redevelopment Agency minutes of August 22, 1989. Agency
Member Genser moved to approve the minutes as presented. Second
by Agency Member Reed. The motion was unanimously approved,
Agency Members Finkel and Katz absent.
HA-l: HOUSING AUTHORITY MINUTES: Presented for approval were
the Housing Authority minutes of June 27, 1989. Commissioner
Genser moved to approve the minutes as presented. Second by
Commissioner Abdo. The motion was unanimously approved,
commissioners Finkel and Katz absent.
CC/RA/HA/PA-2: YEAR END BUDGET ADJUSTMENTS FY 1988-89/YEAR END
PERFORMANCE REVIEW AND CAPITAL IMPROVEMENT PROGRAM REPORT/BUDGET
ADJUSTMENTS FY 1989-90: Presented was a staff report
transmitting a request to approve year-end budget
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JU4
adjustments for Fiscal Year 1988-89; transmitting the year-end
Performance Review and Capital Improvement Program status report
as of June 30, 1989: requesting selected budget adjustments for
Fiscal Year 1989-90 and approval of one position reclassification
and one position transfer: requesting approval of resolutions for
Redevelopment Agency and city Council acknowledging the benefit
of the Fifth street freeway off-ramp and authorizing payment of
final construction cost billings. Council asked questions of
staff. Councilmember Reed moved on behalf of the City Council,
to approve the year-end budget adjustments for Fiscal Year
1988-89: to approve the transmittal of the year-end Performance
Review and Capital Improvement Status Report as of June 30, 1989;
and the approval of one reclassification and one position
transfer. Second by Councilmember Genser. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo,
Jennings, Reed, Mayor Zane
Genser,
Absent: Councilmembers Finkel, Katz
Agency Member Abdo moved on behalf of the Redevelopment Agency to
approve the year-end budget adjustments for Fiscal Year 1988-89;
and to approve the transmittal of the year-end Performance Review
and Capital Improvement status Report as of June 30, 1989.
Second by Agency Member Genser. The motion was approved by the
following vote:
Redevelopment Agency
vote: Affirmative:
Agency Members Abdo, Genser,
Jennings, Reed, Chairperson Zane
Absent:
Agency Members Finkel, Katz
commissioner Genser moved on behalf of the Housing Authority to
approve the year-end budget adjustments for Fiscal Year 1988-89:
and to approve the transmittal of the year-end Performance Review
and Capital Improvement status Report as of June 30, 1989.
Second by commissioner Reed. The motion was approved by the
following vote:
Housing Authority
vote: Affirmative:
Commissioners Abdo, Genser,
Jennings, Reed, Chairperson Zane
Absent:
commissioners Finkel, Katz
Authority Member Jennings moved on behalf of the Parking
Authority to approve the year-end budget adjustments for Fiscal
Year 1988-89: and to approve the transmi tal of the year-end
Performance Review and Capital Improvement status Report as of
June 30, 1989. second by Authority Member Abdo. The motion was
approved by the following vote:
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September 12, 1989
305
Parking Authority
vote: Affirmative:
Authority Members Abdo, Genser,
Jennings, Reed, Chairperson Zane
Absent:
Authority Members Finkel, Katz
Councilmember Abdo moved on behalf of the City Council to adopt
Resol ution No. 7892 (CCS ) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA DETERMINING CERTAIN PUBLIC
IMPROVEMENTS TO BE OF BENEFIT TO THE DOWNTOWN REDEVELOPMENT
PROJECT AREA AND DETERMINING THAT NO OTHER REASONABLE MEANS OF
FINANCING SAID PUBLIC IMROVEMENTS IS AVAILABLE TO THE CITY OF
SANTA MONICA AND CONSENTING TO THE PAYMENT BY THE SANTA MONICA
REDEVELOPMENT AGENCY OF THE COST OF CONSTRUCTION OF SUCH PUBLIC
IMPROVEMENTS," reading by title only and waiving further reading
thereof, therefore acknowledging the benefit of the Fifth street
freeway off-ramps and authorizing payment of final construction
cost billings. Second by Councilmember Reed. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo,
Jennings, Reed, Mayor Zane
Genser,
Absent: councilmembers Finkel, Katz
Member of the public Joy Fullmer addressed council regarding
calculation errors in the Year-End Budget Review document, and
stressed the need for a pedestrian traffic signal at the
intersection of the Fifth Street Off-ramp and Lincoln Boulevard.
Agency Member Reed moved on behalf of the Redevelopment Agency to
adopt Resolution No. 429 (RAS) entitled: "A RESOLUTION OF THE
REDEVELOPMENT AGENCY DETERMINING CERTAIN PUBLIC IMPROVEMENTS TO
BE OF BENEFIT TO THE DOWNTOWN REDEVELOPMENT PROJECT AREA AND
DETERMINING THAT NO OTHER REASONABLE MEANS OF FINANCING SAID
PUBLIC IMPROVEMENTS IS AVAILABLE TO THE CITY OF SANTA MONICA AND
AUTHORIZING THE COST OF CONSTRUCTION OF SUCH PUBLIC
IMPROVEMENTS," reading by title only and waiving further reading
thereof, thereby acknowledging the benefit of the Fifth Stree.t
freeway off-ramps and authorizing payment of final cost billings.
Second by Agency Member Abdo. The motion was approved by the
following vote:
Redevelopment Agency
vote: Affirmative: Agency Members Abdo, Genser,
Jennings, Reed, Chairperson Zane
Absent: Agency Members Finkel, Katz
C:C/PA-3: LEASE
STRUCTURE 2:
recommendation
negotiate and
1828(CCS) with
MODIFICATION WITH 100 WILSHIRE ASSOCIATES/PARKING
Presented was a staff report transmitting a
to authorize city Manager/Executive Secretary to
execute a lease modification to Contract No.
100 Wilshire Associates to provide 60 additional
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306
parking spaces in Parking structure 2, through restriping
existing spaces. City Council/Parking Authority Members asked
questions of staff. Councilmember Reed moved on behalf of the
city Council to approve the staff recommendation and authorize
the city Manager to execute a lease modification to Contract No.
1828 (CCS) to provide 60 additional parking spaces. Second by
Councilmember Abdo. the motion was approved by the following
vote:
council vote: Affirmative: Councilmembers Abdo,
Jennings, Reed, Mayor Zane
Genser,
Absent: Councilmembers Finkel, Katz
Authority Member Abdo moved on behalf of the parking Authority to
approve the staff recommendation and authorize the Executive
Secretary to negotiate and execute the lease amendment with 100
Wilshire Associates to provide additional parking spaces. Second
by Authority Member Reed. The motion was approved by the
following vote:
Parking Authority
vote: Affirmative:
Authority Members Abdo, Genser,
Jennings, Reed, chairperson Zane
Absent:
Authority Members Finkel, Katz
At 8: 00 the joint meeting of the City Council, Redevelopment
Agency, Housing Authority, and Parking Authority was adjourned,
and the regular city Council meeting was reconvened.
5-A: PERSONAL ACTION GUIDE FOR THE EARTH/UNITED NATIONS
ENVIRONMENT PROGRAMME: The request of Mayor Zane to discuss
distribution of "Personal Action Guide for the Earth" pamphlet
from the united Nations Environment Programme, continued from
September 5, 1989, was withdrawn at the request of Mayor Zane.
6. CONSENT CALENDAR: Presented was the Consent Calendar,
whereby all items are considered and approved in one motion
unless removed from the calendar for discussion. Councilmember
Reed moved to approve the Consent Calendar with the exception of
Item 6-H, reading resolutions and ordinances by title only and
waiving further reading thereof. Second by Councilmember Genser.
The motion was approved by the following vote:
council vote: Affirmative: Counci1members Abdo,
Jennings, Reed, Mayor Zane
Genser,
Absent: Councilmembers Finkel, Katz
6-A: MINUTES APPROVAL: The City Council minutes of August 22
and August 23, 1989, were approved as presented.
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307
6-B: SHELL CALIFORNIA PIPELINE COMPANY/FRANCHISE: Ordinance No.
1492 (CCS) entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
GRANTING A FRANCHISE TO SHELL CALIFORNIA PIPELINE COMPANY TO
OPERATE, MAINTAIN, INSPECT, REPAIR, REMOVE, REPLACE AND ABANDON A
PIPELINE AND APPURTENANT FACILITIES IN CERTAIN PUBLIC STREETS OF
THE CITY OF SANTA MONICA," was adopted.
6-C: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Resolution No.
7893 (eCs) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA SETTING A HEARING DATE FOR ANY PROTESTS OR
OBJECTIONS TO THE REPORT OF THE SUPERINTENDENT OF STREETS
REGARDING REPAIR OF SIDEWALKS, DRIVEWAYS AND CURBS
(SR-89-148/149) ," thereby setting a public hearing for october
10, 1989, on the assessment of costs to repair damaged sidewalks,
driveways, and curbs on various streets, was adopted.
6-D: SB B21/BICYCLE-PEDESTRIAN FUNDS/BIKE ROUTE SIGNAGE:
Resolution No. 7894(CCS) entitled: irA RESOLUTION OF THE CITY OF
SANTA MONICA APPROVING THE APPLICATION FOR BICYCLE AND/OR
PEDESTRIAN FUNDS UNDER SB 821 AND APPROVING THE ADOPTION OF ITS
BICYCLE AND/OR PEDESTRIAN PLAN," thereby approving the
application for bicycle and/or pedestrian funds under SB 821 in
the amount of $27,175 to install bike route signage on 14th
street between pico Boulevard and California Avenue, and
additional signage in the City, was adopted.
6-E: PHYSICALLY HANDICAPPED PARKING ZONE!907 20TH STREET:
Resolution No. 7895 (CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A PARKING ZONE
FOR THE PHYSICALLY HANDICAPPED ADJACENT TO 907 20TH STREET," was
adopted.
6-F: PHYSICALLY HANDICAPPED PARKING ZONE/908
Resolution No. 7896 (CCS) entitled: "A RESOLUTION
COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A
FOR THE PHYSICALLY HANDICAPPED ADJACENT TO 908 4TH
adopted.
4TH STREET:
OF THE CITY
PARKING ZONE
STREET," was
6-G: FINAL PARCEL MAP 17253/CONDOMINIUM/421 CALIFORNIA AVENUE:
Resolution No. 7897 (CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A
FINAL SUBDIVIS ION MAP FOR PARCEL NO. 17253," thereby approving
Final Parcel Map 17253 for a 3-unit condominium proj ect at 421
California Avenue, was adopted.
6-1: PIONEER BOULANGERIE LEASE AGREEMENT: A recommendation to
authorize the City Manager to renegotiate and execute a lease
agreement with pioneer Boulangerie was continued to the City
Council meeting of September 19, 1989.
6-J: DIRECTIONAL SIGNS/PARKING AND TRAFFIC DIVISION: Bid No.
2240 was awarded to Maneri Sign Company as the lowest and best
bidder, to furnish and deliver directional signs, at specified
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308
unit prices, for the Parking and Traffic Division of the General
Services Department.
6-K: COTTON RAGS/VARIOUS DEPARTMENTS: Bid No. 2241 was awarded
to A & A Wiping Cloth, Inc., as the lowest and best bidder, to
furnish and deliver cotton rags, at specified unit prices, for
various departments
6-L: BRAKE SERVICE AND SUPPLIES/FLEET MANAGEMENT DIVISION: Bid
No. 2242 was awarded to Delmer's precision Brake Shop, as the
lowest and best bidder, to provide brake service and supplies for
passenger cars and light or heavy trucks, at specified
manufacturer discounts and hourly labor rate, for the Fleet
Management Division of the General Services Department.
6-M: FINAL TRACT MAP 46432/CONDOMINIUM/908 18TH STREET:
Resolution No. 7898 (CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A
FINAL SUBDIVISION MAP FOR TRACT NO. 46432," thereby rescinding
Resolution No. 7869{CCS) and approving Final Tract Map 46432 for
a six-unit condominium project at 908 18th street, was adopted.
6-N: SEWER DRAIN IMPROVEMENTS/STORM DRAIN IMPROVEMENTS/
RECORDATION OF UTILITY EASEMENTS: A recommendation to award
Contract No. 5433(CCS) to Colich & Sons in the amount of
$421,632.00, for sewer main improvements on Fourth Street and
pico Boulevard and Mount Olivette Reservoir storm drain
improvements, authorize necessary change orders and adopt
Resolution No. 7899 (CCS) entitled: itA RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING ACCEPTANCE,
RECORDATION, AND PURCHASE OF TWO EASEMENTS FOR UTILITY PURPOSES
LOCATED NEAR MOUNT OLIVETTE RESERVIOR," authorizing acceptance
and recordation of two utility easements located adjacent to
Mount Olivette Reservoir, was approved.
6-0: COMMERCIAL STREETLIGHT ASSESSMENT DISTRICT: A
recommendation to approve the formation of commercial streetlight
assessment districts on 7th Street, Colorado Avenue to Olympic
Boulevard; and Lincoln Boulevard, Colorado Avenue to Santa Monica
Boulevard; and adopt Resolution No. 7900{CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
SETTING A HEARING FOR THE PURPOSE OF DETERMINING WHETHER OR NOT
THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION OF
STREET LIGHTING AND DECLARING ITS INTENTION TO CONSTRUCT STREET
LIGHTING AND APPURTENANT WORK ON VARIOUS CITY STREETS AS SHOWN ON
CITY DRAWING NO. 5384, WITHIN THE CITY OF SANTA MONICA," and
setting a public hearing for October la, 1989, was approved.
6-P: WILSHIRE BOULEVARD LANDSCAPING CONTRACT: Contract No.
5434 (CCS) was awarded to Valley Crest Landscape, Inc., in the
amount of $716,854, as the lowest and best bidder, to landscape
Wilshire Boulevard between Ocean Avenue and Centinela Avenue.
The City Engineer was authorized to issue any change orders
necessary to complete additional work to the extent of funds
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309
available in accordance with the Administrative Instruction on
Change Orders.
6-Q: OZONE PILOT PLANT PROJECT/AGREEMENT WITH UCLA FOR
LABORATORY ANALYSES: A request to accept and appropriate grant
funds for the Ozone Pilot Plant Project in the amount of $100,000
and authorize the City Manager to negotiate and execute an
agreement with UCLA for laboratory analyses was continued to the
city Council meeting of September 19, 1989.
6-R: PICO-KENTER STORM DRAIN EXTENSION: A resolution
authorizing the city Manager to grant and record an easement for
the Pico-Kenter storm Drain Extension was continued to the City
Council meeting of September 19, 1989.
6-S: SALARIES/CLASSIFICATION SPECIFICATIONS: Resolution No.
7901 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADOPTING SALARY RATES FOR THE
CLASSIFICATIONS OF ENVIRONMENTAL PROGRAMS ADMINISTRATOR,
ENVIRONMENTAL COORDINATOR, ENVIRONMENTAL INSPECTOR, LEAD
ENVIRONMENTAL INSPECTOR, HARZADOUS MATERIALS TECHNICIAN, LEAD
HAZARDOUS MATERIALS TECHNICIAN, ASSISTANT DIRECTOR OF CULTURAL
AND RECREATION SERVICES, AND EMPLOYEE BENEFITS TECHNICIAN," was
adopted.
END OF CONSENT CALENDAR
6-H: FAA GRANT/SECURITY FENCING, ACCESS GATES, SOUND WALLS/SANTA
MONICA AIRPORT: Presented was a staff report transmitting a
recommendation to authorize the City Manager to submit an
application and execute a grant agreement with the Federal
Aviation Administration for a grant in the amount of $300,000 to
construct and install security fencing, access gates and
soundwalls at the Airport and make necessary budget adjustments
and appropriations. council asked questions of staff.
Councilmember Genser moved to approve the staff recommendation,
thereby approving the necessary budget adjustments and
authorizing the city Manager to apply for and execute Contract
No. 5432(CCS), a grant agreement with the Federal Aviation
Administration in the amount of $300,000. Second by
Counci1member Reed. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers Abdo,
Jennings, Reed, Mayor Zane
Genser,
Absent: Councilmembers Finkel, Katz
7-A: SIDEWALKS/DRIVEWAYS/CURBS: Presented was a staff report
and public hearing on the assessment of costs to repair damaged
sidewalks, driveways and curbs. At 8:06 p.m., Mayor Zane
declared the public hearing opened. There being no one wishing
to speak, Mayor Zane declared the pUblic hearing closed.
councilmember Genser moved to acknowledge the protest received,
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310
and adopt Resolution No. 7902 (CCS) entitled: itA RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA CONFIRMING THE
REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIRS TO
DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS (SR-89-l46/l47)," reading
by title only and waiving further reading thereof. Second by
councilmember Reed. The motion was approved by the following
vote:
council vote: Affirmative: Councilmembers Abdo,
Jennings, Reed, Mayor Zane
Genser,
Absent: Councilmembers Finkel, Katz
7-B: STREETLIGHT ASSESSMENT PUBLIC HEARING: Presented was a
staff report and a public hearing for streetlighting on 24th
Street, Pico Boulevard to Pearl Street; Franklin, Northerly city
linmits to city reservoirs; Ashland, 4th Street to 6th Street;
15th street, Broadway to Colorado Avenue; Harvard street, Montana
Avenue to Wilshire Boulevard; Delaware Avenue from Stewart street
to Warwick Avenue; Pine street from Lincoln Boulevard to 7th
street; and lOth street, at Ashland Avenue. At 8:10 p.m., Mayor
Zane declared the public hearing opened. Bernard Korn addressed
Council in opposition to the street lighting assessment on his
property. There being no one else wiShing to speak, at 8: l7
p.m., Mayor Zane declared the public hearing closed.
Councilmember Reed moved to acknowledge Mr. Korn I s protest and
adopt Resolution No. 7903 (CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA FINDING THE PUBLIC
CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION OF
STREET LIGHTING AND ORDERING WORK ON 24TH STREET FROM PICO
BOULEVARD TO PEARL STREET, FRANKLIN FROM NORTHERLY CITY LIMITS TO
CITY RESERVOIRS, ASHLAND AVENUE FROM 4TH STREET TO 6TH STREET,
15TH STREET FROM BROADWAY TO COLORADO AVENUE, HARVARD STREET FROM
MONTANA AVENUE TO WILSHIRE BOULEVARD, DELAWARE AVENUE FROM
STEWART STREET TO WARWICK AVENUE I PINE STREET FROM LINCOLN
BOULEVARD TO 7TH STREET, AND 10TH STREET AT ASHLAND AVENUE AS SET
FORTH IN RESOLUTION OF INTENTION NUMBER 7872(CITY COUNCIL
SERIES)," reading by title only and waiving further reading
thereof. Second by Councilmember Abdo. The motion was approved
by the following vote:
Council vote: Affirmative: Concilmembers Abdo,
Jennings, Reed, Mayor Zane
Genser,
Absent: Councilmembers Finkel, Katz
8-A: RESIDENTIAL PLUMBING FIXTURE REBATE PROGRAM: Presented was
a staff report transmitting an ordinance for adoption and second
reading adding section 7200A to the santa Monica Municipal Code
establishing a residential plumbing fixture rebate program,
introduced August 22, 1989. Councilmember Abdo moved to approve
the staff recommendation, thereby adopting Ordinance No.
1493 (CCS) entitled: IIAN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTION 7200A TO THE SANTA MONICA
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September 12, 1989
311
MUNICIPAL CODE TO ESTABLISH A RESIDENTIAL PLUMBING FIXTURE REBATE
PROGRAM, II reading by title only and waiving further reading
thereof. Second by Councilmember Genser. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo,
Jennings, Reed, Mayor Zane
Genser,
Absent: Counci1members Finkel, Katz
8-B: OCEAN PARK REZONING PLAN: An ordinance for introduction
and first reading amending Article IX, Chapter 1, of the Santa
Monica Municipal Code regarding the Ocean Park Rezoning Plan, as
recommended by the Planning commission, was continued to the city
Council meeting of September 19, 1989.
8-C: VENDING ORDINANCE: An ordinance for introduction and first
reading adding Chapter 2C to Article VI of the santa Monica
Municipal Code, amending Section 3376 of the Santa Monica
Municipal Code, and repealing Sections 3336, 3381, 4300, 5121,
6233A, 6233B, 6233C,and 62330, of the Santa Monica Municipal Code
relating to vending, was continued to the city council meeting of
September 19, 1989.
8-D: INDUSTRIAL WASTEWATER CONTROL PROGRAM: An ordinance for
introduction and first reading regarding modification to
industrial wastewater control program, was continued to the City
council meeting of September 19, 1989.
9-A: EXECUTIVE PAY PLAN: A resolution for adoption revising the
Executive Pay Plan. (To be considered following Closed Session),
continued from September 5, 1989, was continued to the city
Council meeting of September 19, 1989.
9-B: ADMINISTRATIVE TEAM ASSOCIATES: A resolution recognizing
the Administrative Team Associates (A. T .A.) as the bargaining
unit representing certain City job classifications formerly
represented by the Municipal Employees Association (M.E.A.), was
continued to the City Council meeting of September 19, 1989.
10-A: RECREATION AND PARKS COMMISSION/REMOTE CONTROL MODEL
AIRCRAFT REGULATIONS: Presented was a staff report transmitting
the recommendation of the Recreation and Parks Commission to
direct the preparation of an ordinance regulating remote control
model aircraft. Council asked questions of staff. Councilmember
Genser moved to hear from members of the pUblic wishing to speak
on this matter. Second by Councilmember Reed. The motion was
unanimously approved, Mayor Pro Tempore Finkel and Councilmember
Katz absent. Members of the public Kelly Sutton, Andrew Sutton,
and Michael Forester, spoke in opposition to an ordinance that
would restrict the operation of model aircraft in city parks
without providing another location where they may be operated.
Counci1member Genser moved to hear from a member of the public
who submitted a request to speak on this item, after the item had
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September 12, 1989
312
been called. Second by Councilmember Reed. The motion was
unanimously approved, Mayor Pro Tempore Finkel and Councilmember
Jennings absent. Member of the public Violet vincent spoke in
support of banning the operation of model aircraft in stewart
Park. Mayor Zane moved to direct staff to prepare an ordinance
providing that: "No person shall land, take off or release any
balloon (except childrens I toy balloons not inflated with any
flammable material), helicopter, parakite, hang glider, aircraft
or powered models thereof, except in designated areas. It Second
by Councilmember Reed. Councilmember Jennings moved to amend the
motion to include direction to staff to work with hobbyist groups
to determine if there are appropriate areas in the city for the
safe use of powered models. Second by councilmember Genser. The
amendment was accepted as friendly by the maker and second of the
main motion. During discussion, the motion was further amended
to provide an exemption for toy balloons that can be played with
by adults as well as children. The motion, as amended, was
unanimously approved, Councilmembers Finkel and Katz absent.
ll-A: INDUSTRIAL WASTEWATER CONTROL PROGRAM: Presented was a
staff report transmitting a recommendation to approve an expanded
Industrial Wastewater Control Program, make budgetary amendments
and adopt a resolution establishing industrial wastewater control
fees, continued from September 5, 1989. council asked questions
of staff. At 8:55 p.m., Counci1member Katz entered the Council
Chambers and took his place at the dais. Member of the public
Thomas Bell spoke in opposition to the proposed fees for the
expanded Industrial Wastewater Control Program. Member of the
public Joy Fullmer expressed her concerns regarding the operation
of the proposed program. Counci1member Reed moved to approve the
staff recommendation, thereby approving the expanded Industrial
Wastewater Control program as described in the staff report dated
September 5, 1989, and amended by the staff report dated
September 12, 1989; increase the budgeted industrial wastewater
fee revenues for Fiscal Year 1989-90 by $136,332.00 as stated in
the amended staff report; add one Invironmenta1 Inspector
position and one staff Assistant III position to the
Wastewater/Environmental Programs Division and appropriate
$142,692 from the Wastewater Fund to the line items described in
the staff report; and adopt Resolution No. 7904(CCS) entitled:
It A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ESTABLISHING
FEES FOR INDUSTRIAL WASTEWATER CONTROL PROGRAM FEES," reading by
title only and waiving further reading thereof. Second by
Councilmember Abdo. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers ADdo, Genser,
Jennings, Katz, Reed, Mayor Zane
Absent: Councilmember Finkel
11-B: VEHICULAR TRAFFIC/THIRD STREET PROMENADE: Presented was a
staff report transmitting a recommendation to adopt a resolution
establishing hours to open and close the Third Street Promenade
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September 12, 1989
313
roadway to vehicular traffic. Council asked questions of staff.
Members of the public Richard Cohn, Bill Tucker, Lynn smith, Neal
Rocklin, and Gwen Pentecost, spoke in support of allowing
automobile traffic along the Third Street Promenade as long as
possible each day. Member of the public Luis de Castro stressed
his concerns regarding pedestrian safety, and proposed the use of
bicycles, or an electric tram, as alternatives to automobile
traffic. Tom Carroll, Executive Director of the Bayside District
Corporation, requested special holiday hours for automobile
traffic on the Third Street Promenade to assist merchants during
the holiday season who have suffered due to construction for the
past year. Mildred Rosenstein, and Paul Rosenstein spoke in
support of limited vehicular traffic on the Third street
Promenade. Boris Dramov and Tom Sargent of Roma Design, spoke in
support of limiting vehicular traffic on the Third Street
Promenade at specific times and on certain days of the week.
Discussion was held. Councilmember Katz moved to adopt
Resolution No. 7905 (CCS) entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING THE HOURS WHEN
THE THIRD STREET PROMENADE WILL BE OPEN TO VEHICULAR TRAFFIC,"
reading by title only and waiving further reading thereof,
thereby establishing that the Third Street Promenade will be
closed to automobile traffic from 10:00 a.m., to 4:00 p.m.,
Monday, Tuesday, and Thursday, and from 10:00 a.m., to 8:00 p.m.,
on Wednesday, Friday, Saturday, and Sunday. Second by
Councilmember Reed. Councilmember Reed moved to amend the motion
so that the hours that the Promenade would be closed to
automobile traffic would be 10:00 a.m., to 5:00 p.m., Monday,
Tuesday, and Thursday, and 10:00 a.m., to 8:00 p.m., Wednesday,
Friday, Saturday, and Sunday. Second by Councillftelllber Abdo.
Discussion was held. The motion to amend the main motion failed
by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Genser, Reed
Negative: Councilmemhers Jennings, Katz, Mayor
Zane
Absent: Mayor Pro Tempore Finkel
Councilmember Jennings moved to close the Third street Promenade
to automobile traffic from 11:00 a.m., to 3:00 p.m., on Monday,
Tuesday, and Thursday, and from 10: 00 a. m., to 8: 00 p. m., on
Wednesday, Friday, Saturday, and Sunday. The motion died for
lack of a second.
FOllowing council discussion, Councilmember Katz modified his
original motion so that the hours that the Third street Promenade
would be closed to automobile traffic would be from 10:00 a.m.,
to 4:30 p.m., Monday, Tuesday, and ThurSday, and from 10:00 a.m.,
to 8: 00 p.m. , Wednesday, Friday, Saturday, and Sunday.
Councilmember Reed withdrew her second. The modified motion was
seconded by Mayor Zane.
12
September 12, 1989
314
counclmember Reed moved to amend the motion so that the hours
that the Promenade would be closed to automobile traffic would be
from 10:00 a.m., to 4:30 p.m., every day except Wednesday, when
the Promenade would be closed to automobile traffic from 10: 00
a.m., to 8:00 p.m., and that staff be directed to return with a
report evaluating the need to extend the weekend hours when the
Promenade would be closed to traffic, as soon as staff is
prepared to issue a Certificate of Occupancy for the second group
of theaters to open on the Promenade. The amendment was accepted
as friendly by the maker and second of the motion. Discussion
was held. The motion, as amended by Councilmember Reed, was
approved by the following vote:
council vote: Affirmative: Councilmembers Abdo, Genser, Katz,
Mayor Zane
Negative: Councilmentber Jennings
Absent: Mayor Pro Tempore Finkel
Mayor Zane moved that the Third street Promenade shall be closed
to automobile traffic, during the period from Thanksgiving
through New Year's Day, during the hours of 11:00 a.m., to 3:00
p. m., everyday, except for Wednesday which would be from 10: 00
a.m., to 8:00 p.m. Second by Councilmember Katz. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo,
Jennings, Katz, Mayor Zane
Genser,
Negative: Councilmember Reed
Absent: Mayor Pro Tempore Finkel
Mayor Zane moved to allow bicycle traffic on the Third street
Promenade roadway (not on the sidewalk) at all hours. Discussion
was held. The motion failed due to the lack of a second.
At 10:40 p.m., Council adjourned for a short recess. At 10:55
p.m., Council reconvened.
Councilmember Katz moved to modify the order of the agenda and
hear Item l2-A, then Item l4-B. Second by Councilmember Reed.
The motion was approved, Mayor Zane opposedJ Mayor Pro Tempore
Finkel, and Councilmerober Genser absent.
Councilmentber Abdo moved to hear Item 12-B after Item 14-B.
Second by Councilmember Reed. The motion was approved,
Councilmember Jennings opposed, Mayor Pro Tempore Finkel, and
Councilmember Genser Absent.
Councilmember Reed moved to
Second by Councilmember Abdo.
extend the meeting to 1: 00
The motion was approved.
a.m.
13
September 12, 1989
j.l~
ll-C: CLOSED SESSION: The request for Closed Session for the
purpose of considering personnel matters and threatened
litigation, pending litigation and litigation to be commenced by
the city was continued to the City Council meeting of September
19,1989.
12-A: APPEAL OF PLANNING COMMISSION/CLARE FOUNDATION RESIDENTIAL
CARE FACILITY/laGS 9TH STREET: Presented was an appeal of
Planning Commission approval of CUP 89-005 and VAR 89-003 for a
new two-story, 20 Bed Residential Care Facility and the
conversion of an existing two-story duplex to kitchen and dining
facilities for the dormitory and offices for the CLARE Foundation
at 1865 9th street. Applicant: CLARE Foundation. Appellant:
John Chung.
Mayor Zane moved to continue Item 12-B to the City Council
meeting of September 19, 1989. Second by CouncilmeEber Jennings.
The motion failed.
Appellant, John Chung spoke in support of the appeal and in
opposition to the Planning Commission's approval of the expanded
CLARE Foundation facility. Kip McClure spoke on behalf of the
applicant, CLARE Foundation, in support of the project. Members
of the public Michael Stockdale, Roy Hartry, Art Francis, Pat
Francis, Becky Simmons, Joseph Ruiz, Ken Schonlau, Carol Mithers,
and Paul Rosenstein spoke in opposition to the appeal, and in
support of the expansion of the CLARE facility. Member of the
public Larry Toy spoke in support of the appeal. Appellant, John
Chung spoke in rebuttal to comments made by members of the
public. Council asked questions of staff.
Councilmember Reed moved to deny the appeal and uphold the
decision of the Planning commission to approve Conditional Use
Permit 89-005 and Variance 89-003 subject to the findings and
condi tions contained tin the Planning Commission statement of
Official Action dated June 211 1989. Second by councilmember
Katz. Discussion was held. Councilmember Abdo moved to amend
the motion to request a progress report at 2-years, and a full
review of the Conditional Use permit at 5-years. Second by
councilmember Genser. FOllowing clarification by the City
Attorney, councilmember Abdo withdrew her motion. The City
Attorney proposed the following language to address the concerns
expressed by Council regarding the review of the project's
Condi tional Use Permit: "The Planning Director shall report to
the Planning Commission within two years from the issuance of the
Cerificate of Occupancy on compliance with the conditions of the
Conditional Use Permit and variance." Councilmember Reed amended
her original motion and substituted the language proposed by the
city Attorney for Condition No. 32, of the Special Conditions
outlined in the staff report dated September 12, 1989. The
motion, as amended, was approved by the following vote:
Council vote: Affirmative: Councilmembers Abdo, Genser,
Jennings, Katz, Reed, Mayor Zane
14
September 12, 1989
316
Absent: Mayor Pro Tempore Finkel
14-B: APPOINTMENTS TO PLANNING COMMISSION AND COMMISSION ON THE
STATUS OF WOMEN: Presented was the matter of the appointment of
a member to the Planning Commission, and the appointment of a
member to the Commission on the status of Women (continued from
August 8, 1989). Mayor Zane opened the floor to nominations for
the Planning Commission. Councilmember Katz nominated clyde
Smith. Councilmember Reed nominated MaryLou Harbison.
councilmember Abdo nominated Paul Rosenstein. Mayor Zane
nominated Kathleen Schwally. The vote on the nominations was as
follows:
Clyde Smith:
Councilmember Katz
MaryLou Harbison:
Councilmember Reed
Paul Rosenstein:
Councilmembers Abdo, Jennings
Kathleen Schwally:
Councilmember Genser, Mayor Zane
None of the nominees received a maj ori ty of the vote necessary
for appointment. Therefore, Mayor Zane re-opened the floor to
nominations. Councilmember Abdo nominated Paul Rosenstein.
Councilmember Genser nominated Kathleen Schwally. The vote on
the nominations was as follows:
Paul Rosenstein:
Councilmembers Abdo, Jennings, Katz, Reed
Kathleen Schwally:
Councilmember Ganser, Mayor Zane
Mayor Zane moved to appoint Paul Rosenstein to the Planning
Commission by acclamation. Second by Councilmember Ganser. The
motion was unanimously approved, Mayor Pro Tempore Finkel absent.
Paul Rosenstein was thereby appointed to the Planning Commission
for a term expiring June 30, 1992.
Mayor Zane opened the floor to nominations to the Commission on
the status of Women. Councilmember Abdo nominated Rita
Lowenthal. Councilmember Reed moved to appoint Rita Lowenthal by
acclamation. Second by Councilmember Katz. The motion was
unanimously approved, Mayor Pro Tempore Finkel absent. Rita
Lowenthal was thereby appointed to the Commission on the status
of Women for a term expiring June 30, 1992.
12-8: APPEAL OF PLANNING COMMISSION/OFFICE BUILDING AND
CONDOMINIUM/2919-2923 WILSHIRE BOULEVARD: Appeal of Planning
Commission approval of Development Review 468, Conditional Use
Permits 524 and 528, ZA 5382-Y and 5382A-Y, Tentative Tract Map
46411 and EIA 878 for a 4-story, 47,990 square foot office
building and 2-story plus loft, seven unit condominium to be
located at 2919-2923 Wilshire Boulevard. Applicant: Jovet, Inc.
Appellant: Conrad Melilli for Mid-City Neighbors. council asked
questions of staff. Appellant, Conrad Melilli spoke in
15
September 12, 1989
317
opposition to the project, and in support of the appeal.
Applicant, Mark Forbes on behalf of Jovet, Inc., spoke in support
of the project. Members of the public Bernard Ginsberg, Michael
Brourman, Pat Burke, Jack Baptista, Marion Weihe, Terry Sharton,
Bill Schroeder, Vivien Elmslie, and Karen Joyce spoke in
opposi tion to the proj ect. The appellant spoke in rebuttal to
comments made by the applicant. The applicant spoke in rebuttal
to coroments made by the appellant and members of the public.
Discussion was held. Councilmember Ganser moved to affirm the
decision of the Planning commission to approve Development Review
468, Conditional Use Permits 524 and 528 ZA, 5382-Y and 5382A-Y,
Tentative Tract Map 46411 and certify EIA 878; to modify
Condition 37 of the Development Review Permit to direct the
Architectural Review Board to modify the appropriate step-backs
on the Wilshire frontage by an additional seven feet, up to ten
feet, in order to mitigate the perceived mass of the structure.
Second by councilmember Reed. The motion was approved by the
following vote:
Council vote: Affirmative: Councilmembers Abdo, Genser, Reed,
Mayor Zane
Absent: Councilmernbers
Katz
Finkel,
Jennings,
13-A: HERMAN ROSENSTEIN/HOMELESS PROBLEM: The request of Herman
Rosenstein to address Council regarding the homeless problem was
continued to the City council meeting of september 19, 1989.
13-B: CHRISTOPHER HARDING/AVERAGE NATURAL GRADE: The request of
Christopher M. Harding to address council regarding Zoning
Ordinance definition of term "Average Natural Grade, II was
continued to the City Council meeting of september 19, 1989, at
the request of Mr. Harding.
14-A: APPOINTMENTS TO BOARDS AND COMMISSIONS: The matter of the
appointment of members to Boards and Commissions, continued from
August 1, 1989, was continued to the City Council meeting of
september 19, 1989.
14-C: SALE OF FIREARMS/15 DAY WATING PERIOD: The request of
Mayor Pro Tempore Finkel to discuss direction to city Attorney to
prepare an ordinance prohibiting the sale of firearms for the
duration of the 15 day waiting period was continued to the City
council meeting of September 19, 1989.
14-0: WAGE ADJUSTMENT AND PERFORMANCE PAY/CITY ATTORNEY: The
request of Mayor Zane to approve wage adjustment and performance
payment for City Attorney pursuant to Section 1 (e) of Contract
No. 5276 (CCS), was continued to the City council meeting of
September 19, 1989.
14-E: WAGE ADJUSTMENT/CITY MANAGER: The request of Mayor Zane
to approve wage adjustment for City Manager pursuant to section
16
september 12, 1989
318
l(C) of Contract No. 5275(CCS), was continued to the city Council
meeting of September 19, 1989.
14-F: SALARY AND BENEFITS/CITY CLERK:
to adopt resolution amending salary and
of city Clerk was continued to the
September 19, 1989.
The request of Mayor Zane
benefits for the position
City Council meeting of
15. PUBLIC INPUT: There were no members of the pUblic wishing
to address Council.
ADJOURNMENT: At 1:05 a.m., the City Council meeting was
adjourned to september 19, 1989, in memory of Dale Ride.
ATTEST:
APPROVED:
~~~~
Clarice E. Johnsen
City Clerk
D..... ') ~ -.
Dennis Zane
Mayor
17
September 12, 1989